Special Education

Special Education Regulations and Statute

Published: 6/12/2024 10:24 AM

​​​​​​​​​Welcome to the Office of Special Education and Early Learning (OSEEL). This site includes information on the statute and state and federal regulations governing special education programming. If you need assistance finding further information on special education regulations, please contact OSEEL at (502) 564-4970. 

Kentucky Administrative Regulations (KARs) 

​The Kentucky Administrative Regulations (KARs) 707 KAR 1:002 -707 KAR 1:380 governing special education programs are available  from the Kentucky Adm​inistrative Regulations website.   

Individuals with Disabilities Education Act (IDEA) 

The IDEA is a federal law that ensures a free appropriate public education (FAPE) to eligible children with disabilities and ensures special education and related services to those children. IDEA governs how states and public agencies provide early intervention, special education, and related services to more than 6.5 million eligible infants, toddlers, children, and youth with disabilities. Children and youth (ages 3 through 21) receive special education and related services under IDEA Part B.  

The Code of Federal Regulations (CFR) is publis​hed in the Federal Register and contains the general and permanent rules of the departments and agencies of the Federal Government, including the regulations of the United States Department of Education that implement the IDEA. 

​​Recent Legislative Impacts

On March 23, 2023, Governor Beshear signed House Bill 538 into law. The bill amends KR​​S 158.150, Suspension or expulsion of pupils​ and will take effect on June 29, 2023. Both KRS 158.150 and HB 538 (2023), continue to provide that “Any action under this section related to students with disabilities shall be in compliance with applicable federal law." This includes the provisions about the suspension of exceptional children and manifestation determinations. The legislation specifically acknowledges that students with disabilities must continue to receive all the protections established by the Individuals with Disabilities Education Act (IDEA). As part of the general supervision requirements of the IDEA, the Kentucky Department of Education (KDE) will continue to provide technical assistance and monitor the implementation of the IDEA, including disciplinary provisions. ​​

To support local school districts, the Office of Special Education and Earl​y Learning (OSEEL) previously shared information regarding the U.S. Department of Education's Office of Special Education and Rehabilitative Services (OSERS) and Office for Civil Rights (OCR) release of a discipline package​. The package is intended to help schools support students with disabilities and avoid discriminatory use of discipline.

For more information regarding legislative direction, please visit the Kentucky Department of Education's Legislative Guidance page.  ​

​​Veronica Sullivan
Office of Special Education and Early Learning
Division of IDEA Implementation and Preschool
300 Sower Blvd., 4th Floor
Frankfort, KY 40601
(502) 564-4970
Fax (502) 564-6721

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